Opposition leader Peter Dutton has said the Coalition would hold another referendum to recognise Indigenous Australians in the constitution if the yes vote fails and his party wins the next election.
Dutton told Sky News on Sunday while he supported “regional voices” and recognising First Australians, he didn’t believe enshrining a voice in the constitution was the right approach.
The opposition is against a voice to parliament, which would provide advice on issues affecting Aboriginal and Torres Strait Islander people, but has supported constitutional recognition since the Howard government.
Dutton reaffirmed the party’s position on constitutional recognition on Sunday, saying he believes it is “respectful” and “the right thing to do”.
Dutton said holding a simple referendum on constitutional recognition was a “fair compromise” for prime minister Anthony Albanese to consider, before describing the voice as “divisive”.
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“But enshrining a voice in the constitution is divisive, it will divide the country down the middle. It will not provide the practical outcomes,” Dutton said on Sunday.
“It will change the way of government very significantly, because of the broad words.”
He said it would grind government decision-making “to a near halt”.
Quick Guide
What is the Indigenous voice to parliament and how would it work?
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What has happened already?
The Albanese government has put forward the referendum question: “A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?”
The PM also suggested three sentences be added to the constitution:
- There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice.
- The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples;
- The Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.
How would it work?
The voice would be able to make recommendations to the Australian parliament and government on matters relating to the social, spiritual and economic wellbeing of Aboriginal and Torres Strait Islander people.
The voice would be able to table formal advice in parliament and a parliamentary committee would consider that advice. But the voice co-design report said all elements would be non-justiciable, meaning there could not be a court challenge and no law could be invalidated based on this consultation.
How would it be structured?
The co-design report recommended the national voice have 24 members, encompassing two from each state, the Northern Territory, ACT and Torres Strait. A further five members would represent remote areas and an additional member would represent Torres Strait Islanders living on the mainland.
Members would serve four-year terms, with half the membership determined every two years.
For more detail, read our explainer here.
It is the first time since the referendum launch that Dutton has raised the possibility of Australians facing a second referendum if the voice to parliament is defeated in October.
Guardian Australia has contacted the Nationals for comment on if the junior Coalition partner also supports the election promise.
Debate on the matter has kicked up a gear since the prime minister announced 14 October as the date for the referendum.
On Saturday, Albanese took aim at “fear campaigns” about the voice.
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“This campaign is going to be won by one-on-one conversations with people, making sure that the fear campaigns which are there [are] no more real than the fear campaigns that were there about the apology to stolen generations, about Mabo, about native title, about marriage equality, about all of these issues,” he told supporters in Canberra.
The yes campaign has secured permission to use John Farnham’s famous song, You’re the Voice in a film due to be released on Sunday.
The Uluru Dialogue – the organisation dedicated to advancing the Uluru Statement – is launching the film, which will pair the famous song with transformative moments in Australian history.
The referendum’s success depends on majority support across the country and in four of six Australian states.
The question to be put in the referendum is: “A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?”
If the referendum vote is successful, the government will then design the specific form of the voice, which will be implemented via legislation passed by and debated in parliament.